A Legislative and Political History of ERISA Preemption, Part 2

Journal of Pension Benefits, Vol. 14, No. 3, pp. 5-10, Spring 2007

Buffalo Legal Studies Research Paper No. 2007-018

7 Pages Posted: 22 Oct 2007  

James A. Wooten

University at Buffalo Law School

Abstract

This article explains how preemption issues led Congress to pass a broader pension reform law than it might otherwise have done. Business groups and the Nixon Administration hoped the congressional tax committees would limit the scope of federal regulation of pension plans. The congressional rules, however, gave jurisdiction over Congress's power to preempt state employment laws to the labor committees. Their control over preemption allowed the labor committees to bargain for broader regulation than business groups and the Administration preferred.

Keywords: ERISA, preemption, Congress, law, politics, employee benefits, regulation, interest groups, commerce clause, congressional committees, legislation

Suggested Citation

Wooten, James A., A Legislative and Political History of ERISA Preemption, Part 2. Journal of Pension Benefits, Vol. 14, No. 3, pp. 5-10, Spring 2007; Buffalo Legal Studies Research Paper No. 2007-018. Available at SSRN: https://ssrn.com/abstract=1023699

James A. Wooten (Contact Author)

University at Buffalo Law School ( email )

713 John Lord O'Brian Hall
Buffalo, NY 14260
United States
716-645-2318 (Phone)

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